Investigation continues into death of Beloit child

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from the Mitchell County Attorney's Office
Jess W. Hoeme, County Attorney

On July, 22, 2008 at approximately 11:19 p.m. law enforcement officers responded to the Mitchell County Hospital following the report of an unresponsive eleven month old child which was delivered there for treatment. An investigation thereafter ensued. The Beloit Police Department, with the assistance of the Kansas Bureau of Investigations, reported findings throughout the night to the Mitchell County Attorney, Jess W. Hoeme. At approximately 8:30 a.m. the following morning, the District Court of Mitchell County approved an application to conduct an inquisition which had been prepared that night by the Mitchell County Attorney. With the assistance of the Kansas Bureau of Investigations and the Beloit Police Department, the Mitchell County Attorney has been conducting an inquisition into the death of the child. The investigation and active inquisition continues as

witnesses are being interviewed and numerous subpoenas issued.

An inquisition is authorized by Kansas Law to allow the Kansas Attorney General or the county or district attorney to apply to the District Court to conduct an inquisition. If successful, the county attorney may apply for the issue of subpoenas for the personal appearance of witnesses to appear and testify concerning matters under investigation. The county attorney may also apply for the issue of subpoenas for business records or any other reports or records which may assist the county attorney and law enforcement officers concerning the matters under investigation. See, K.S.A. 22-3101.

Mitchell County Attorney Scores High

On September 8-12, 2008 Mitchell County Attorney Jess W. Hoeme participated as an instructor at the National District Attorney’s National Advocacy Center course on Trial Advocacy in Columbia, South Carolina. Jess W. Hoeme presented on two aspects of trial advocacy: opening statements and closing arguments.

After the course concluded, the students were asked to evaluate the performances of their instructors. Of the nine performances offered throughout the week by the seven instructors from across the nation, County Attorney Jess Hoeme scored the second and third highest scores for his two performances. Hoeme’s two scores were also well above the average for all course events. The College’s Director of Programs, Candace Mosley, wrote that “[Hoeme] held the attendees’ attention while demonstrating the fundamental concepts we were instilling in the attendees. Very good job!”

Hoeme reports that his experience at the National Advocacy Center as an instructor was a tremendous amount of work but a wonderful opportunity that he could not refuse.

Since Hoeme’s return from the National Advocacy Center he has also been invited to be an instructor at Kansas’ premier drug investigations school. “Being a prosecutions instructor has been a distinct honor of which I am very proud. I hope the invitations to instruct are indicative of my hard work and commitment to doing this job and doing it well. I am pleased that I can represent Mitchell County,” said Hoeme of the experiences.

On Tuesday, October 28, 2008 after three months of intense investigation by the Kansas Bureau of Investigations and the Beloit Police Department, Mitchell County Attorney Jess W. Hoeme filed a criminal complaint alleging one count of murder in the first degree and a second count of felony abuse of a child for the death of a child which occurred on July 23, 2008 in Beloit, Kansas. Mitchell County Attorney Jess W. Hoeme reports that the Beloit Police Department and the Kansas Bureau of Investigations conducted an exhaustive investigation which spanned the three month period. The investigation was supplemented by an inquisition which the Mitchell County Attorney had opened by order of the court early in the morning of July 23, 2008. The investigation and inquisition have culminated into the filing of the criminal complaint alleging the most severe of crimes in the State of Kansas, first degree murder.

Benjamin Russell Gericke, formerly of 400 North Mill Street in Beloit, Kansas, was taken into custody after the Mitchell County Sheriff’s Department and the Kansas Bureau Investigations were able to locate him at his home in rural Mitchell County. Throughout the investigation, Gericke had been represented by Mark Noah to provide criminal defense services. Prior to his arrest, Benjamin Gericke was granted time to meet with his attorney at Mark Noah’s office in Beloit. From Noah’s office Gericke surrendered himself to law enforcement officers and is being held in the Mitchell County Jail on a cash or surety bond of $750,000.00.

The defendant’s first appearance will be scheduled by the District Magistrate Judge. The defendant, Benjamin Gericke, is presumed innocent until proven guilty beyond a reasonable doubt.

Charges Filed in Child’s Death